NY State Senate Bill 2009-S8371A

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 30, 2010	print number 8371a
Jun 30, 2010	amend (t) and recommit to rules
Jun 25, 2010	referred to rules

Bill Amendments

2009-S8371 - Details

Current Committee:: Senate Rules
Law Section:: New York City Administrative Code
Laws Affected:: Amd §§26-405 & 26-511, NYC Ad Cd; amd §6, Emerg Ten Prot Act of 1974; amd §4, Emerg Hous Rent Cont L

2009-S8371 - Summary

Relates to adjustment of maximum rent and individual apartment improvement notices.

2009-S8371 - Sponsor Memo

                                BILL NUMBER:S8371

TITLE OF BILL:
An act to amend the administrative code of the city of New York, the
emergency tenant protection act of nineteen seventy-four, and the emer-
gency housing rent control law, in relation to adjustment of maximum
allowable rent

PURPOSE OR GENERAL IDEA OF THE BILL:
Expenses for individual apartment improvements in rental housing are
currently recovered over three and a half years in calculating the
permissible monthly rent increase. This bill increases the length of
time to five years and authorizes the Division of Housing and community
Renewal (DHCR) to approve such rent increases for vacant apartments.

SUMMARY OF SPECIFIC PROVISIONS:
Sections 1 through 4 increase the amortization period for expenses due
to individual apartment increases from 40 months to 60 months.

Section 2 provides that no rent increase shall be collectible for an
individual apartment improvement unless:

* the owner of the apartment has provided the tenant with a lease rider
explaining how the rent in the vacancy lease has been computed;

* there are no current hazardous violations of any municipal, county,

State or Federal law that relate to the maintenance of any required
services;

* there are no outstanding determination by the DHCR that the owner has
failed to maintain any required services;

* the owner of the apartment has filed an explanation of how the vacancy
rent was computed, that exceeds 20 percent of the rent charged to the
previous tenant including supporting documentation.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
Extends the amortization period from 40 months to 60 months and gives
DHCR a stronger oversight role by authorizing it to approve or disap-
prove increases in whole or in part.

JUSTIFICATION:
There is a major loophole in the rent regulation system called the
1/40th loophole, also known as an Individual Apartment Improvement
Increase. This loophole allows a landlord to raise the rent on an unoc-
cupied rent Stabilized apartment by passing the cost of physical
improvements to the next tenant by raising the monthly rent an amount
equal to 1/40th of the total cost of the improvements. A 1/40th increase
can be taken in addition to any other rent increase to which the land-
lord is statutorily entitled. There is no oversight of any kind of the

1/40th loophole. Landlords are allowed to unilaterally impose 1/40th
rent increases without prior approval, or even documentation.

This lack of oversight has led to widespread fraud, and has been a major
reason for the loss of affordable housing in New York.  Landlords are
able to use the 1/40th increase to move the apartment above the current
$2,000 High Rent Vacancy Decontrol threshold that allows them to perma-
nently de-regulate the apartment. Although there are not absolutely
clear government records of the frequency with which 1/40th increases
are used, because there is no oversight of the program, it is clear that
rent regulated apartments are moving out of affordability at a rate
faster than statutory rent increases would allow.

Fraudulent rent increases for apartment renovations are a major reason
affordable housing is disappearing from New York, claims a recent study
by the Association for Neighborhood and Housing Development (ANHD).

The oversight mechanism is an inadequate tenant-initiated complaint
filed with DHCR as a Complaint of Rent Overcharge. Because the improve-
ment occurs in a vacant apartment, the new tenant has no way of knowing
what the rent should be, and if the work done justifies the increase.
This legislation would give DHCR the authority to approve or disapprove
such increases in whole or in part based upon the proof of expenses
submitted by the landlord.

PRIOR LEGISLATIVE HISTORY:
New legislation.

FISCAL IMPLICATIONS:
Some administrative expense associated with DHCR overseeing this
program.

EFFECTIVE DATE:
Immediately.

2009-S8371 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8371

                            I N  S E N A T E

                              June 25, 2010
                               ___________

Introduced  by  Sen.  ESPADA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the administrative code of the city  of  New  York,  the
  emergency  tenant  protection  act  of  nineteen seventy-four, and the
  emergency housing rent control law, in relation to adjustment of maxi-
  mum allowable rent

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subparagraph (e) of paragraph 1 of subdivision g of section
26-405 of the administrative code of the city of New York, as amended by
chapter 253 of the laws of 1993, is amended to read as follows:
  (e)  The  landlord  and  tenant  by mutual voluntary written agreement
agree to a substantial increase or  decrease  in  dwelling  space  or  a
change  in the services, furniture, furnishings or equipment provided in
the housing accommodations. An adjustment under this subparagraph  shall
be  equal  to  [one-fortieth] ONE-SIXTIETH of the total cost incurred by
the landlord in providing such  modification  or  increase  in  dwelling
space, services, furniture, furnishings or equipment, including the cost
of  installation, but excluding finance charges, provided further [than]
THAT an owner who is entitled  to  a  rent  increase  pursuant  to  this
subparagraph shall not be entitled to a further rent increase based upon
the  installation  of similar equipment, or new furniture or furnishings
within the useful life of  such  new  equipment,  or  new  furniture  or
furnishings. The owner shall give written notice to the city rent agency
of any such adjustment pursuant to this subparagraph[.]; or
  S  2.  Paragraph 13 of subdivision c of section 26-511 of the adminis-
trative code of the city of New York, as added by  chapter  253  of  the
laws of 1993, is amended to read as follows:
  (13) provides that an owner is entitled to a rent increase where there
has  been a substantial modification or increase of dwelling space or an
increase in the services, or installation of new equipment  or  improve-
ments or new furniture or furnishings provided in or to a tenant's hous-
ing  accommodation,  on  written tenant consent to the rent increase. In

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD17900-01-0

S. 8371                             2

the case of a vacant housing accommodation, tenant consent shall not  be
required.
  (A)  The  permanent  increase  in  the  legal  regulated  rent for the
affected housing accommodation shall be [one-fortieth]  ONE-SIXTIETH  of
the  total  cost incurred by the landlord in providing such modification
or increase in  dwelling  space,  services,  furniture,  furnishings  or
equipment,  including  the  cost  of installation, but excluding finance
charges. [Provided further that an]
  (B) AN owner who is entitled to a rent increase pursuant to this para-
graph shall not be entitled to a further rent increase  based  upon  the
installation of similar equipment, or new furniture or furnishings with-
in  the  useful  life  of  such  new  equipment,  or  new  furniture  or
furnishings.
  (C) NO INCREASE SHALL BE COLLECTIBLE UNDER THIS  PARAGRAPH  UNTIL  THE
LANDLORD  HAS  PROVIDED  THE TENANT WITH A RIDER PURSUANT TO SUBDIVISION
(D) OF THIS SECTION, INCLUDING AN EXPLANATION OF HOW  THE  RENT  IN  THE
VACANCY LEASE HAS BEEN COMPUTED, AND THE SPECIFIC AMOUNTS OF ALL EXPEND-
ITURES SUPPORTING A RENT INCREASE UNDER THIS PARAGRAPH.
  (D)  NO  INCREASE  SHALL  BE  COLLECTIBLE  UNDER THIS PARAGRAPH IN ANY
BUILDING WHERE THE DEPARTMENT  OF  HOUSING  AND  COMMUNITY  RENEWAL  HAS
DETERMINED  THAT  THE OWNER IS NOT MAINTAINING ALL REQUIRED SERVICES, OR
IN WHICH THERE ARE CURRENT HAZARDOUS VIOLATIONS OF ANY MUNICIPAL,  COUN-
TY,  STATE,  OR  FEDERAL  LAW  WHICH  RELATE  TO THE MAINTENANCE OF SUCH
SERVICES.
  (E) WITHIN THIRTY DAYS OF THE SIGNING OF A VACANCY LEASE  INCLUDING  A
RENT  INCREASE PURSUANT TO THIS PARAGRAPH THAT EXCEEDS TWENTY PERCENT OF
THE RENT CHARGED TO THE PREVIOUS TENANT, THE OWNER WILL FILE AN EXPLANA-
TION OF HOW THE VACANCY RENT WAS COMPUTED, AND ALL  DOCUMENTS  NECESSARY
TO  SUPPORT  THE  COLLECTION OF SUCH INCREASE, INCLUDING BUT NOT LIMITED
TO, CANCELLED CHECKS, INVOICES AND  SIGNED  CONTRACTS  CONTEMPORANEOUSLY
WITH  THE  IMPROVEMENTS  ALLEGED, AND CONTRACTOR'S AFFIDAVITS INDICATING
THAT THE INSTALLATION WAS COMPLETED AND PAID IN FULL.  UPON  RECEIPT  OF
ALL  DOCUMENTS  SUBMITTED  BY  THE  OWNER, THE DEPARTMENT OF HOUSING AND
COMMUNITY RENEWAL SHALL ISSUE AN ORDER APPROVING  OR  DISAPPROVING  SUCH
INCREASE IN WHOLE OR IN PART. BASED UPON SUCH DETERMINATION, THE DEPART-
MENT OF HOUSING AND COMMUNITY RENEWAL SHALL ORDER A REFUND TO THE TENANT
EQUAL  TO  THE  AMOUNT  COLLECTED  IN EXCESS OF THE LEGAL REGULATED RENT
APPROVED BY THE DEPARTMENT OF HOUSING AND COMMUNITY RENEWAL.
  (F) IF THE DEPARTMENT OF HOUSING AND COMMUNITY RENEWAL DETERMINES THAT
THE OVERAGE WAS WILLFUL, IT MAY ORDER THE LANDLORD TO PAY TO THE  TENANT
AN ADDITIONAL AMOUNT NOT TO EXCEED THREE TIMES THE EXCESS CHARGED.
  (G)  THE  NEXT  ANNUAL  REGISTRATION  STATEMENT  FILED FOR ANY HOUSING
ACCOMMODATION SUBJECT TO AN INCREASE UNDER THIS  PARAGRAPH,  WHETHER  OR
NOT  SUBJECT  TO  THE  PROVISIONS  OF SUBPARAGRAPH (E) OF THIS PARAGRAPH
SHALL CONTAIN A DETAILED BREAKDOWN OF  THE  COSTS  OF  ALL  IMPROVEMENTS
UNDERLYING SUCH INCREASE.
  S 3. Paragraph 2 of subdivision d of section 26-511 of the administra-
tive  code  of  the city of New York is renumbered paragraph 3 and a new
paragraph 2 is added to read as follows:
  (2) FOR VACANCY LEASES, SUCH RIDER SHALL ALSO INCLUDE A NOTICE OF  THE
PRIOR  LEGAL  RENT,  IF ANY, THAT WAS IN EFFECT IMMEDIATELY PRIOR TO THE
VACANCY, AN EXPLANATION OF HOW THE  RENTAL  AMOUNT  HAS  BEEN  COMPUTED,
INCLUDING  A  DETAILED  BREAKDOWN OF THE NATURE AND COST OF ANY IMPROVE-
MENTS UNDERLYING AN INCREASE UNDER PARAGRAPH THIRTEEN OF  SUBDIVISION  C
OF  THIS  SECTION,  AND A STATEMENT THAT ANY INCREASE ABOVE THE PREVIOUS
RENT IS IN ACCORDANCE WITH ADJUSTMENTS PERMITTED BY LAW.

S. 8371                             3

  S 4. Paragraph 1 of subdivision d of section 6 of section 4 of chapter
576 of the laws of 1974, constituting the  emergency  tenant  protection
act  of  nineteen  seventy-four,  as added by chapter 253 of the laws of
1993, is amended to read as follows:
  (1)  there has been a substantial modification or increase of dwelling
space or an increase in the services, or installation of  new  equipment
or  improvements  or  new  furniture or furnishings, provided in or to a
tenant's housing accommodation, on written tenant consent  to  the  rent
increase.  In the case of a vacant housing accommodation, tenant consent
shall not be required. The permanent increase  in  the  legal  regulated
rent  for  the  affected  housing  accommodation shall be [one-fortieth]
ONE-SIXTIETH of the total cost incurred by  the  landlord  in  providing
such  modification  or  increase in dwelling space, services, furniture,
furnishings or  equipment,  including  the  cost  of  installation,  but
excluding  finance charges. Provided further [than] THAT an owner who is
entitled to a rent increase pursuant to  this  paragraph  shall  not  be
entitled to a further rent increase based upon the installation of simi-
lar equipment, or new furniture or furnishings within the useful life of
such new equipment, or new furniture or furnishings.
  S 5. Clause 5 of the second undesignated paragraph of paragraph (a) of
subdivision  4  of section 4 of chapter 274 of the laws of 1946, consti-
tuting the emergency housing rent control law, as amended by chapter 253
of the laws of 1993, is amended to read as follows:
  (5) the landlord and tenant  by  mutual  voluntary  written  agreement
agree  to  a  substantial  increase  or  decrease in dwelling space or a
change in the services, furniture, furnishings or equipment provided  in
the  housing accommodations; provided that an owner shall be entitled to
a rent increase where there  has  been  a  substantial  modification  or
increase  of dwelling space or an increase in the services, or installa-
tion of new equipment or improvements or new  furniture  or  furnishings
provided  in  or  to  a  tenant's  housing  accommodation. The permanent
increase in the maximum rent  for  the  affected  housing  accommodation
shall  be  [one-fortieth] ONE-SIXTIETH of the total cost incurred by the
landlord in providing such modification or increase in  dwelling  space,
services,  furniture,  furnishings  or  equipment, including the cost of
installation, but excluding finance charges  provided  further  that  an
owner  who  is entitled to a rent increase pursuant to this clause shall
not be entitled to a further rent increase based upon  the  installation
of  similar equipment, or new furniture or furnishings within the useful
life of such new equipment, or new furniture or furnishings.  The  owner
shall  give  written  notice  to  the  commission of any such adjustment
pursuant to this clause; or
  S 6. This act shall take effect immediately and  shall  apply  to  all
individual  apartment improvements and other related expenditures unless
physical work thereon commenced or legally binding signed contracts were
entered into on or before such effective date; provided that:
  (a) the amendments to section 26-405 of the city  rent  and  rehabili-
tation  law  made  by section one of this act shall remain in full force
and effect only as long as the public emergency requiring the regulation
and control of residential rents and evictions continues, as provided in
subdivision 3 of section 1 of the local emergency housing  rent  control
act;
  (b)  the  amendments to section 26-511 of chapter 4 of title 26 of the
administrative code of the city of New York made  by  sections  two  and
three  of this act shall expire on the same date as such law expires and

S. 8371                             4

shall not affect the expiration of such law as  provided  under  section
26-520 of such law;
  (c) the amendments to section 6 of the emergency tenant protection act
of  nineteen  seventy-four made by section four of this act shall expire
on the same date as such act expires and shall not affect the expiration
of such act as provided in section 17 of chapter  576  of  the  laws  of
1974; and
  (d)  the amendments to section 4 of the emergency housing rent control
law made by section five of this act shall expire on the  same  date  as
such  law  expires  and  shall  not affect the expiration of such law as
provided in subdivision 2 of section 1 of chapter 274  of  the  laws  of
1946.

2009-S8371A (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: New York City Administrative Code
Laws Affected:: Amd §§26-405 & 26-511, NYC Ad Cd; amd §6, Emerg Ten Prot Act of 1974; amd §4, Emerg Hous Rent Cont L

2009-S8371A (ACTIVE) - Summary

Relates to adjustment of maximum rent and individual apartment improvement notices.

2009-S8371A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S8371A

TITLE OF BILL:
An act to amend the administrative code of the city of New York, the
emergency tenant protection act of nineteen seventy-four, and the emer-
gency housing rent control law, in relation to adjustment of maximum
allowable rent and individual apartment improvement notices

PURPOSE OR GENERAL IDEA OF THE BILL:
Expenses for individual apartment improvements in rental housing are
currently recovered over three and a half years in calculating the
permissible monthly rent increase. This bill increases the length of
time to five years and authorizes the Division of Housing and community
Renewal (DHCR) to approve such rent increases for vacant apartments.

SUMMARY OF SPECIFIC PROVISIONS:
Sections 1 through 4 increase the amortization period for expenses due
to individual apartment increases from 40 months to 60 months.

Section 2 would amend the emergency tenant protection act 6(d) (1), to
require a building owner to give the tenant written notice of a rent
increase based upon individual apartment improvements as part of a
condition for obtaining such increase.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
Extends the amortization period from 40 months to 60 months and requires

the owner to give notice of the increase calculation to the tenant and
file with DHCR.

JUSTIFICATION:
Current law allows a landlord to raise the rent on an unoccupied rent
stabilized apartment by passing the cost of physical improvements to the
next tenant by raising the monthly rent an amount equal to 1/40th of the
total cost of the improvements. A 1/40th increase can be taken in addi-
tion to any other rent increase to which the landlord is statutorily
entitled. Under this legislation, that increase is limited to 1/60th of
the total cost of the improvement.

In addition, it has been a continuous practice for owners of rent stabi-
lized units to impose rent increases on tenants based upon IAIs without
having to notify and explain the calculation of those rent increases,
making it difficult to contest the rent increases. This legislation
would correct that process by requiring building owners to give the
tenant written notice of the calculation of such increase on a form
prescribed by the Department of Housing and Community Renewal (DHCR) and
to file such form with the DHCR. This amendment would conform and make
similar the provisions of the rent stabilization law with those of the
rent control which already requires a filing of a written notice with
the DHCR disclosing the IAIs performed.

PRIOR LEGISLATIVE HISTORY:

New legislation.

FISCAL IMPLICATIONS:
Some administrative expense associated with DHCR overseeing this
program.

EFFECTIVE DATE:
Immediately, with provisions.

2009-S8371A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8371--A

                            I N  S E N A T E

                              June 25, 2010
                               ___________

Introduced  by  Sen.  ESPADA -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Rules  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the administrative code of the city of New York, the
  emergency tenant protection act  of  nineteen  seventy-four,  and  the
  emergency housing rent control law, in relation to adjustment of maxi-
  mum allowable rent and individual apartment improvement notices

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subparagraph (e) of paragraph 1 of subdivision g of section
26-405 of the administrative code of the city of New York, as amended by
chapter 253 of the laws of 1993, is amended to read as follows:
  (e) The landlord and tenant  by  mutual  voluntary  written  agreement
agree  to  a  substantial  increase  or  decrease in dwelling space or a
change in the services, furniture, furnishings or equipment provided  in
the  housing accommodations. An adjustment under this subparagraph shall
be equal to [one-fortieth] ONE-SIXTIETH of the total  cost  incurred  by
the  landlord  in  providing  such  modification or increase in dwelling
space, services, furniture, furnishings or equipment, including the cost
of installation, but excluding finance charges, provided further  [than]
THAT  an  owner  who  is  entitled  to  a rent increase pursuant to this
subparagraph shall not be entitled to a further rent increase based upon
the installation of similar equipment, or new furniture  or  furnishings
within  the  useful  life  of  such  new  equipment, or new furniture or
furnishings. The owner shall give written notice to the city rent agency
of any such adjustment pursuant to this subparagraph[.]; or
  S 2. Paragraph 1 of subdivision d of section 6 of section 4 of chapter
576 of the laws of 1974, constituting the  emergency  tenant  protection
act  of  nineteen  seventy-four,  as added by chapter 253 of the laws of
1993, is amended to read as follows:
  (1) there has been a substantial modification or increase of  dwelling
space  or  an increase in the services, or installation of new equipment
or improvements or new furniture or furnishings, provided  in  or  to  a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD17900-04-0

S. 8371--A                          2

tenant's  housing  accommodation,  on written tenant consent to the rent
increase. In the case of a vacant housing accommodation, tenant  consent
shall  not  be  required.  The permanent increase in the legal regulated
rent  for  the  affected  housing  accommodation shall be [one-fortieth]
ONE-SIXTIETH of the total cost incurred by  the  landlord  in  providing
such  modification  or  increase in dwelling space, services, furniture,
furnishings or  equipment,  including  the  cost  of  installation,  but
excluding  finance charges. Provided further [than] THAT an owner who is
entitled to a rent increase pursuant to  this  paragraph  shall  not  be
entitled to a further rent increase based upon the installation of simi-
lar equipment, or new furniture or furnishings within the useful life of
such  new  equipment,  or new furniture or furnishings.  THE OWNER SHALL
GIVE WRITTEN NOTICE TO THE DIVISION AND THE TENANT ON  FORMS  PRESCRIBED
BY  THE  COMMISSIONER  OF ANY SUCH ADJUSTMENT PURSUANT TO THIS PARAGRAPH
AND THE FAILURE TO PROVIDE SUCH WRITTEN NOTICE AS PROVIDED HEREIN  SHALL
PRECLUDE THE COLLECTION OF ANY SUCH ADJUSTMENT.
  S 3. Clause 5 of the second undesignated paragraph of paragraph (a) of
subdivision  4  of section 4 of chapter 274 of the laws of 1946, consti-
tuting the emergency housing rent control law, as amended by chapter 253
of the laws of 1993, is amended to read as follows:
  (5) the landlord and tenant  by  mutual  voluntary  written  agreement
agree  to  a  substantial  increase  or  decrease in dwelling space or a
change in the services, furniture, furnishings or equipment provided  in
the  housing accommodations; provided that an owner shall be entitled to
a rent increase where there  has  been  a  substantial  modification  or
increase  of dwelling space or an increase in the services, or installa-
tion of new equipment or improvements or new  furniture  or  furnishings
provided  in  or  to  a  tenant's  housing  accommodation. The permanent
increase in the maximum rent  for  the  affected  housing  accommodation
shall  be  [one-fortieth] ONE-SIXTIETH of the total cost incurred by the
landlord in providing such modification or increase in  dwelling  space,
services,  furniture,  furnishings  or  equipment, including the cost of
installation, but excluding finance charges  provided  further  that  an
owner  who  is entitled to a rent increase pursuant to this clause shall
not be entitled to a further rent increase based upon  the  installation
of  similar equipment, or new furniture or furnishings within the useful
life of such new equipment, or new furniture or furnishings.  The  owner
shall  give  written  notice  to  the  commission of any such adjustment
pursuant to this clause; or
  S 4. Paragraph 13 of subdivision c of section 26-511 of  the  adminis-
trative  code  of  the  city of New York, as added by chapter 253 of the
laws of 1993, is amended to read as follows:
  (13) provides that an owner is entitled to a rent increase where there
has been a substantial modification or increase of dwelling space or  an
increase  in  the services, or installation of new equipment or improve-
ments or new furniture or furnishings provided in or to a tenant's hous-
ing accommodation, on written tenant consent to the  rent  increase.  In
the  case of a vacant housing accommodation, tenant consent shall not be
required. The permanent increase in the legal  regulated  rent  for  the
affected  housing  accommodation shall be [one-fortieth] ONE-SIXTIETH of
the total cost incurred by the landlord in providing  such  modification
or  increase  in  dwelling  space,  services,  furniture, furnishings or
equipment, including the cost of  installation,  but  excluding  finance
charges.  Provided  further  that  an  owner  who  is entitled to a rent
increase pursuant to this paragraph shall not be entitled to  a  further
rent  increase  based upon the installation of similar equipment, or new

S. 8371--A                          3

furniture or furnishings within the useful life of such  new  equipment,
or new furniture or furnishings.  THE OWNER SHALL GIVE WRITTEN NOTICE TO
THE  DIVISION  AND THE TENANT ON FORMS PRESCRIBED BY THE COMMISSIONER OF
ANY  SUCH  ADJUSTMENT  PURSUANT  TO  THIS  PARAGRAPH  AND THE FAILURE TO
PROVIDE SUCH WRITTEN  NOTICE  AS  PROVIDED  HEREIN  SHALL  PRECLUDE  THE
COLLECTION OF ANY SUCH ADJUSTMENT.
  S  5.  This  act  shall take effect immediately and shall apply to all
individual apartment improvements and other related expenditures  unless
physical work thereon commenced or legally binding signed contracts were
entered into on or before such effective date; provided that:
  (a)  the  amendments  to section 26-405 of the city rent and rehabili-
tation law made by section one of this act shall remain  in  full  force
and effect only as long as the public emergency requiring the regulation
and control of residential rents and evictions continues, as provided in
subdivision  3  of section 1 of the local emergency housing rent control
act;
  (b) the amendments to section 6 of the emergency tenant protection act
of nineteen seventy-four made by section two of this act shall expire on
the same date as such act expires and shall not affect the expiration of
such act as provided in section 17 of chapter 576 of the laws of 1974;
  (c) the amendments to section 4 of the emergency housing rent  control
law  made  by section three of this act shall expire on the same date as
such law expires and shall not affect the  expiration  of  such  law  as
provided  in  subdivision  2  of section 1 of chapter 274 of the laws of
1946; and
  (d) the amendments to section 26-511 of chapter 4 of title 26  of  the
administrative code of the city of New York made by section four of this
act  shall  expire  on  the  same date as such law expires and shall not
affect the expiration of such law as provided under  section  26-520  of
such law.

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Senate Bill S8371A

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Archive: Last Bill Status - In Senate Committee Rules Committee

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2009-S8371 - Details

2009-S8371 - Summary

2009-S8371 - Sponsor Memo

2009-S8371 - Bill Text download pdf

2009-S8371A (ACTIVE) - Details

2009-S8371A (ACTIVE) - Summary

2009-S8371A (ACTIVE) - Sponsor Memo

2009-S8371A (ACTIVE) - Bill Text download pdf

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Senate Bill S8371A

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Pedro Espada Jr.

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Bill Amendments

2009-S8371 - Details

2009-S8371 - Summary

2009-S8371 - Sponsor Memo

2009-S8371 - Bill Text download pdf

2009-S8371A (ACTIVE) - Details

2009-S8371A (ACTIVE) - Summary

2009-S8371A (ACTIVE) - Sponsor Memo

2009-S8371A (ACTIVE) - Bill Text download pdf

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